Assembly Bill A8060

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8060
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 22, 2025
                                ___________
 
 Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
   tee on Judiciary
 
 AN  ACT  to  amend  the lien law, in relation to enforcement of liens by
   online sale of goods that remain in a storage facility
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 7 of section 182 of the lien law, as amended by
 chapter 424 of the laws of 2019, is amended to read as follows:
   7.  Enforcement of lien. (a) An owner's lien may be enforced by public
 or private sale of the occupant's goods that remain in the  self-storage
 facility,  in  block,  or  in  parcel,  at any time or place, WHETHER IN
 PERSON OR THROUGH A PUBLIC WEBSITE, and on any terms which  are  commer-
 cially reasonable after notice to all persons known to claim an interest
 in  the  goods.  The  notice  shall include an itemized statement of the
 amount due, the description of the property subject  to  the  lien,  the
 nature  of  the  proposed  sale, a demand for payment within a specified
 time not less than thirty days from mailing of the notice and a conspic-
 uous statement that unless the claimant pays within that time the  goods
 will  be  advertised  for  sale  and sold at public or private sale in a
 commercially reasonable manner. The notice  shall  further  include  the
 time and place, OR THE WEB ADDRESS, of any public or private sale and it
 shall  state  that any person claiming an interest in the goods is enti-
 tled to bring a proceeding hereunder within ten days of the  service  of
 the  notice  if  [he disputes] THEY DISPUTE the validity of the lien, or
 the amount claimed. The notice shall be: (I) personally delivered to the
 occupant, or (II) sent by registered or certified mail to the occupant's
 last known address, or (III) sent by verified mail and  electronic  mail
 to  the  occupant's last known address. Any notice made pursuant to this
 section and sent by verified mail  shall  be  sent  to  the  last  known
 address provided by the occupant, pursuant to the occupancy agreement.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07243-01-5
 A. 8060                             2
              

 
   (B)  Any  notice  made pursuant to this section and sent by electronic
 mail shall only be effective if: (i) the occupancy agreement states that
 the occupant has consented to receive late or lien notices by electronic
 mail; and (ii) the occupant has provided the occupant's electronic  mail
 address in at least two locations within the occupancy agreement.
   [(b)]  (C)  Any notice given pursuant to this section is deemed deliv-
 ered when it is[: (i)] properly addressed to the last known address, and
 [(ii)] either sent by (I) registered, certified  or  verified  mail  and
 evidence  of  mailing  is  received, or (II) sent by electronic mail and
 either a non-automated response to the electronic mail is received or  a
 receipt of delivery to the electronic mail is received.
   (D)  ANY SALE IS PROPERLY ADVERTISED PURSUANT TO THIS SUBDIVISION WHEN
 THE ADVERTISEMENT IS PUBLISHED: (I) IN PRINT IN A NEWSPAPER  OF  GENERAL
 CIRCULATION  IN  THE AREA WHERE THE SELF-STORAGE FACILITY IS LOCATED, OR
 (II) ON A PUBLICLY ACCESSIBLE WEBSITE  THAT  REGULARLY  ADVERTISES  SUCH
 SALES,  AT  LEAST TEN DAYS PRIOR TO THE DATE OF THE SALE. ANY ADVERTISE-
 MENT UNDER THIS SUBDIVISION SHALL INCLUDE THE ADDRESS OF  THE  SELF-STO-
 RAGE  FACILITY,  THE  NAME  OF THE TENANT, AND THE DATE, TIME, PLACE AND
 MANNER OF SALE.
   (E) NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO  THE  CONTRARY,  IF
 THE PROPERTY UPON WHICH THE LIEN IS CLAIMED IS A MOTOR VEHICLE OR WATER-
 CRAFT  AND RENT AND OTHER CHARGES RELATED TO THE PROPERTY ARE IN DEFAULT
 FOR SIXTY CONSECUTIVE DAYS, THE OWNER MAY HAVE THE PROPERTY TOWED. IF  A
 MOTOR  VEHICLE  OR  WATERCRAFT IS TOWED AS AUTHORIZED BY THIS PARAGRAPH,
 THE OWNER SHALL: (I) SEND, BY VERIFIED OR ELECTRONIC MAIL TO  THE  OCCU-
 PANT'S  LAST  KNOWN  ADDRESS, THE NAME, ADDRESS, AND TELEPHONE NUMBER OF
 THE TOWING COMPANY THAT WILL PERFORM THE TOWING AND THE  STREET  ADDRESS
 OF  THE  STORAGE  FACILITY WHERE THE TOWED PROPERTY CAN BE REDEEMED; AND
 (II) NOT BE LIABLE FOR THE MOTOR VEHICLE OR WATERCRAFT OR ANY DAMAGES TO
 THE MOTOR VEHICLE OR WATERCRAFT ONCE THE TOWING COMPANY TAKES POSSESSION
 OF THE PROPERTY.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.